F1PART 46COSTS –SPECIAL CASES
SECTION IVCosts-only Proceedings
Costs-only proceedings46.14.
(1)
This rule applies where—
(a)
the parties to a dispute have reached an agreement on all issues (including which party is to pay the costs) which is made or confirmed in writing; but
(b)
they have failed to agree the amount of those costs; and
(c)
no proceedings have been started.
(2)
Where this rule applies, the procedure set out in this rule must be followed.
(3)
Proceedings under this rule are commenced by issuing a claim form in accordance with Part 8.
(4)
The claim form must contain or be accompanied by the agreement or confirmation.
(5)
In proceedings to which this rule applies the court may make an order for the payment of costs the amount of which is to be determined by assessment and/or, where appropriate, for the payment of fixed costs.
(6)
Where this rule applies but the procedure set out in this rule has not been followed by a party—
(a)
that party will not be allowed costs greater than those that would have been allowed to that party had the procedure been followed; and
(b)
the court may award the other party the costs of the proceedings up to the point where an order for the payment of costs is made.
(7)
Rule 44.5 (amount of costs where costs are payable pursuant to a contract) does not apply to claims started under the procedure in this rule.